60ZZBEnforcement functions of EPA

#### 60ZZB Enforcement functions of EPA 60ZZB Enforcement functions of EPA > > (1) The Environment Protection Authority has the function of monitoring the carrying out of forestry operations to which this Part applies and the function of enforcing compliance with the requirements for forestry operations under this Part. > > > (2) The [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) contains provisions relating to the enforcement of this Part, and accordingly— > > > > > (a) functions under Part 11 of this Act (Powers of authorised officers) are not exercisable in relation to any matter arising under this Part, and > > > > > (b) proceedings for an offence against this Part or the regulations under this Part cannot be instituted under Part 12 of this Act (Enforcement provisions) and that Part does not apply to any such alleged offence. > > > > Note. > > > > This Part (in addition to Part 5A) is native vegetation legislation (and offences under this Part are native vegetation offences) for the purposes of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). Accordingly, the following provisions of that Act apply (to the extent specified in those provisions) to the enforcement of this Part— > > > > > (a) Part 11 (Regulatory compliance mechanisms), > > > > > (b) Part 12 (Investigation powers), > > > > > (c) Part 13 (Criminal and civil proceedings), > > > > > (d) Section 14.7A (Provisions relating to regulation or enforcement of native vegetation legislation). > > > (3) The Environment Protection Authority may make recommendations to Local Land Services with respect to the termination or variation of a private native forestry plan as a result of information obtained by the Authority in the exercise of its functions under this section. > > > (4) In this section— > > > > enforcing compliance includes instituting criminal or civil proceedings. > > > > monitoring includes investigating and reporting. > > **pt 5B, divs 1–4 (ss 60ZQ–60ZZC):** Ins 2018 No 40, Sch 1 \[8\].